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law of limitation applicability in continous cause of action
22-Feb-2025 (In Property Law)
i own a joint freehold flat in delhi along with my brother from 2006 onwards which has a registered RWA.
monthly maintenance, annual property tax, house repair and electricity charges average around 8000/- per month i am paying fully by cheque, total is 15 lacs.
My brother lives separately he locked up his claimed portion of the flat.
can i claim entire amount payable by brother since 2006 legally? law of limitation does not apply in case of continous cause of action month my month.
Legal Actions Available in This Case
1. Suit for Contribution (Recovery of Expenses) – File a civil suit for recovery under Section 69 of the Indian Contract Act, 1872 to claim your brother’s share of expenses.
2. Partition Suit – If your brother refuses to contribute, file a partition suit under Section 54 of CPC to legally divide or sell the property.
3. Mesne Profits Claim – If your brother enjoys ownership but doesn’t contribute, claim mesne profits under Order 20 Rule 12 of CPC, especially if he has rented or commercialized his portion.
4. Legal Notice – Send a legal notice demanding his contribution before proceeding with a case.
5. Law of Limitation (Continuous Cause of Action) – The 3-year limitation period starts fresh every month for unpaid dues, allowing you to claim past and current expenses.
Advocate Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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